Written Answers Friday 20 May 2005

Scottish Executive

Skye Bridge

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive, in light of the letter of 6 November 1995 from the Crown Office on the Skye Bridge toll order which indicates that the Crown Office was aware that the order was not published subordinate legislation, why it proceeded with criminal prosecutions of members of the public for alleged non-compliance with the order.

Colin Boyd QC: The High Court of Justiciary has confirmed the validity of the Statutory Order which introduced the Toll Order relating to the Skye Bridge. The letter referred to formed part of normal investigation into a pending criminal prosecution.

Skye Bridge

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive, in light of information in the letter of 6 November 1995 from the Crown Office on the Skye Bridge toll order that criminal prosecution was being developed at a time when Lord Rodger of Earlsferry was Lord Advocate, whether the present Lord Advocate will exercise his powers under section 188 of the Criminal Procedure (Scotland) Act 1995 to apply for the convictions, subsequently refused on appeal or at appeal by Lord Rodger acting as a High Court judge, to be set aside.

Colin Boyd QC: There is no basis for me to exercise my powers under section 188 of the Criminal Procedure (Scotland) Act 1995.

Skye Bridge

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive, further to the answer to question S1W-8363 by Sarah Boyack on 18 July 2000 where it stated that the assignation statement relating to the Skye crossing toll order is not a probative document, whether the Lord Advocate will exercise his powers under section 188 of the Criminal Procedure (Scotland) Act 1995 to apply for resultant convictions to be set aside.

Colin Boyd QC: I refer to the answer given to question S2W-15741 on 26 April 2005. The fact that the assignation statement is not a probative document does not form a basis upon which I could exercise my powers under section 188 of the Criminal Procedure (Scotland) Act 1995.

  All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at: http://www.scottish.parliament.uk/webapp/wa.search.

Skye Bridge

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive, in light of the letter of 27 November 1995 from the Crown Office on the assignation statement in relation to the Skye Bridge which indicated that it was aware that the assignation statement to license toll charging to a third party was not a final or made document, whether the Executive will now make immediate arrangements for any tolls unlawfully demanded to be returned to a community trust fund for repayment.

Colin Boyd QC: The assignation statement contains all of the information required by statute.

Skye Bridge

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive, in light of Lord Eassie’s opinion in Robbie the Pict v. Miller Civil Engineering 1999 SCLR Notes 749 questioning the validity of the memorandum proferred as the written consent of the Secretary of State to Miller Civil Engineering Ltd demanding tolls, whether the Executive will take any action in relation to those people prosecuted and those convicted due to non-payment of tolls on the Skye Bridge and, in particular, whether it will make reparation to them.

Colin Boyd QC: The Opinion of Lord Eassie referred to does not cast any doubt on the legality of the Skye Bridge tolling regime. The decision to end tolling followed detailed negotiations with Skye Bridge Limited. The agreement did not involve a change in the law, and does not affect the convictions for non-payment of the tolls or any related road traffic offences such as dangerous driving at the bridge.

  No action is proposed in relation to persons prosecuted and convicted for non-payment of tolls.

Tourism

Brian Adam (Aberdeen North) (SNP): To ask the Scottish Executive how much VisitScotland has spent on marketing Scotland abroad in the last three years, broken down by country.

Patricia Ferguson: VisitScotland’s overseas marketing strategy shows clear benefits to the tourism industry in Scotland, with an increase of 20% in the number of visitors from overseas last year compared with 2003. The amount of funding that VisitScotland invests in marketing Scotland in key overseas markets is shown in the following table:

  

 
2002-03
  (£000)
2003-04
  (£000)
2004-05
  (£000)


 North America
 1,846
 1,896
 1,827


 Germany
 1,150
 1,072
 1,220


 France
 570
 586
 515


 Benelux
 660
 618
 485


 Scandinavia
 218
 659
 660


 Spain
 265
 311
 280


 Total Spend
 5,864
 6,985
 6,910



  Note: The total spend in each year also includes VisitScotland activity in public relation and travel trade activity across all overseas markets.